BREXIT: Commission says NI Protocol needs to stay in place

Brexit NI Protocol
Author: Nigel GouldPublished 11th Feb 2021
Last updated 11th Feb 2021

The European Commission has ruled out major changes to the part of the Brexit deal which covers Northern Ireland.

Previously, Cabinet Office Minister Michael Gove called for an urgent reset of arrangements that came in on January 1.

Officials from the EU and Westminster are expected to meet today (Thursday) in a bid to iron out differences.

However, Commission vice-president Maros Sefcovic said the so-called NI Protocol was the only way to protect the Good Friday Agreement.

He expressed concerns about "teething problems'' over the implementation of the protocol but said it was now "our mutually agreed legal obligation''.

Mr Sefcovic made the remarks in a letter to Mr Gove yesterday.

Today's meeting comes amid tensions after the brief triggering by the bloc of Article 16, with particular concern among unionists in Northern Ireland who are calling for it to be ditched.

The protocol was designed to prevent a hard border with Ireland but has resulted in additional checks for goods crossing from Great Britain to Northern Ireland.

Article 16 overrides part of the protocol which prevents a hard border on the island of Ireland, and was intended as an emergency measure only.

Unionists regard the new checks as a border in the Irish Sea separating Northern Ireland from the rest of the UK.

Northern Ireland's First Minister Arlene Foster has urged Mr Gove and Boris Johnson to "act on'' their unionist beliefs.

Meanwhile, UUP leader Steve Aiken said the letter "reeks of arrogance and intransigence''.

"Instead of protecting the Belfast Agreement and defusing tensions, this letter will do the exact opposite,'' he said.

European Commission president Ursula von der Leyen earlier apologised for mistakes'' that led to the triggering of Article 16.

However Mr Sefcovic has made it clear in his letter that the commission regards the protocol as the only way forward.

"The protocol is the solution agreed by the UK and the EU to these challenges: it is the only way to protect the Good Friday (Belfast) Agreement, preserving peace and stability and avoiding a hard border on the island of Ireland,'' he wrote.

"It is designed to ensure clarity and predictability for people and businesses, while minimising the disruption inevitably caused by the withdrawal of the United Kingdom from the European Union. It is a balanced outcome after years of difficult negotiations and is now our mutually agreed legal obligation.

"I therefore agree that our shared objective is to work tirelessly in order to make the protocol work. It requires full and faithful implementation by both parties.

"The Union's commitment to the objectives of the protocol on Ireland/Northern Ireland, as a cornerstone of both the Withdrawal Agreement and the relationship between the European Union and the United Kingdom, is unwavering.''

Mr Sefcovic set out concerns over the implementation of the protocol, writing that Border Control Posts (BCPs) are not yet fully operational and official controls not performed in compliance with the Withdrawal Agreement protocol and European Union rules.

He also said the UK has "not yet fulfilled its obligation'' to provide real-time access to all its IT systems, in particular access to key customs IT systems.

A UK government spokesperson said: "It is disappointing that the Commission has failed to acknowledge the shock and anger felt right across the community in Northern Ireland from its decision to trigger Article 16, and the need to take urgent steps to restore confidence as a result."